New rules for allowing pedestrians to pass at a pedestrian crossing. Fine for not allowing a pedestrian to pass - an explanation of the nuances What the Ministry of Internal Affairs offers

In addition to extreme necessity, there are other circumstances that mitigate the guilt of the motorist:

• pregnancy or having a young child;
• difficult life circumstances;
• the heat of passion;
• voluntary compensation for consequences;
• remorse for what he has done;
• assistance in the investigation of the case.

Taking into account the circumstances, higher authorities or the court may reduce the amount of punishment in the presence of additional circumstances:

• poor visibility on the roadway;
• weather;
• road surface condition;
• fast pedestrian speed, which does not allow one to predict his behavior;
• distracting advertising.

If the decision remains unchanged, then the driver can only be punished by transferring the specified amount within 60 days.

This is interesting! However, if the violator pays the fine within 20 days, he has the right to take advantage of a 50% discount. But it does not apply to cases where, as a result of the driver’s actions, damage was caused to a pedestrian who was not allowed through, or if the violation was committed repeatedly.

How to pay a fine

Currently, there are many ways to pay off an obligation without leaving home:

• official website of the traffic police;
• Internet banking;
• electronic wallets.

For those who do not trust online payments, you can transfer money at bank cash desks, at Russian Post offices, at ATMs or terminals located in almost every store.

When transferring money, it is important to indicate the details correctly - they are written on the resolution, which is handed over by the inspector at the time the violation is registered.

In addition, it is important to take into account that the period for crediting funds can be up to 3 business days, so you should not delay payment until the last few days, so as not to overdue the obligation.

Is it possible not to pay?

If the offender does not appeal the decision within 10 days, he automatically pleads guilty and is obliged to repay the specified amount.

If he does not do this, then at the next stop the traffic police inspector will see the debt and impose a more severe punishment for failure to fulfill a legal obligation - a double fine.

Other methods of punishment are applied to particularly persistent defaulters - administrative arrest for a period of 15 days or involvement in compulsory labor for up to 200 hours.

Regulations

The application of fines to motorists for not allowing pedestrians to pass at crossings is regulated by the following documents.

Table 2. Documents regulating the application of fines for not letting people pass at the crossing

Video on topic

This video will show in detail how to avoid punishment for a driver who accidentally fails to let a person pass at a crossing.

Higher education. Orenburg State University (specialization: economics and management of heavy engineering enterprises).
October 26, 2018.

If until now such drivers were threatened with a fine of 1.5 thousand rubles, then next week they will be issued orders for 1.5 - 2.5 thousand rubles. Let us recall that last year the President gave instructions to increase the liability of drivers for violations at zebra crossings. This was due to an increase in the number of pedestrians hit at crossings. The Ministry of Internal Affairs then developed amendments, and now they have become.

So severely, according to Article 12.8 of the Code of Administrative Offenses, they will be punished for “failure to comply with the requirement of the rules to give way to pedestrians, cyclists or other road users (except for drivers) who have priority in traffic.” However, experts say this is not enough.

As the head of the Union of Pedestrians of Russia, Vladimir Sokolov, told an RG correspondent, only an inspector who himself identified this violation and issued it on the spot can issue the maximum fine to the driver. If the violation is detected using photo-video recording systems operating in automatic mode, then the fine will be minimal, that is, as before, 1.5 thousand rubles. At the same time, you can pay for it within 20 days with a 50 percent discount. And this is already 750 rubles. You can’t place inspectors at every unregulated pedestrian crossing. They have many other more important tasks.

We hope that a decision will be made to provide citizens with the opportunity to film violations on their gadgets and send such filming to the traffic police, says Vladimir Sokolov. In addition, there is another problem: parking at pedestrian crossings and within five meters of them. For this we have a fine of a thousand rubles. And such a violation is no less dangerous for pedestrians.

For not letting pedestrians pass at the crossing, they will now be fined 1.5-2.5 thousand rubles

By the way, at a seminar held in Orel for the heads of the traffic police, experts complained that the clause in the rules regarding the obligation of drivers to give way to pedestrians was written confusingly. Because of this, there is a misunderstanding among both drivers and some inspectors. First we see that we must give way, and then we go to the very beginning of the rules and find out what the term “give way” means.

It means that a road user should not start, resume or continue moving, or carry out any maneuver if this may force other road users who have an advantage over him to change direction or speed. That is, if a pedestrian has entered the crossing, this does not mean that all cars should stop dead in their tracks. If the pedestrian is far from the car, then the driver can pass. And this will not be a violation.

That is why the work of some photo-video recording systems for preventing pedestrians from passing through is not entirely correct. They often issue fines even if the trajectories of a car and a pedestrian cannot intersect.

However, the traffic police leadership at the same seminar reminded that in Germany the rules simply say “to let a pedestrian pass.” And everyone misses it. And here, some drivers are looking for wording so as not to let pedestrians pass.

Vladimir Sokolov also recalled that of all collisions with people, 33 percent occur at pedestrian crossings. According to the traffic police, in just 9 months of this year there were 11,833 collisions with pedestrians at pedestrian crossings. This is 2.7 percent less than in the same period last year. 624 people died in them, which is 11.6 percent less than a year earlier.

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The fine for a pedestrian at a crossing may increase in 2018. A bill to introduce relevant amendments is currently being developed by the Ministry of Internal Affairs. The ministry’s argument is this: every year in Russia the number of people hit at zebra crossings increases by 7-8% - if you go for a significant increase in the fine, the driver will think three times whether it is worth crossing the zebra crossing if there are people nearby.
Whether this measure is really effective is a big question. In 2014, administrative penalties for drivers were already made more severe, but this was of little use. What is the fine in 2016 if you do not allow a pedestrian to pass, and what could it become in the near future?

What does the Ministry of Internal Affairs offer?

The full text of the bill can be found on the Government website regulation.gov.ru. We will briefly consider what the fine for a pedestrian at a crossing should be in 2018, according to the Ministry of Internal Affairs.

Initially it was planned that the first fine would remain at the same level – 1.5 thousand rubles. Only after getting caught a second time, the driver will have to pay much more - 2.5 thousand rubles. Now we are talking about a range of fines - from 1.5 to 2.5 thousand rubles for the first, second and each subsequent violation; The driver’s “penalty record” does not matter. At the same time, the exact amount of the fine for zebra crossings in 2018 will be determined by the traffic police inspector, based on the circumstances of the violation.

What such an expansion of police powers could lead to is clear, obviously, to everyone except the legislators themselves. Such a set of amendments will clearly not contribute to the anti-corruption fight. So far, the Ministry of Internal Affairs has not approved the bill, which means that now, if you do not allow a pedestrian to pass, you will have to pay the same fine as in 2016.

Give way - what does it mean?

Often, motorists “run into” sanctions due to a banal ignorance of road legislation and, in particular, an important definition: What does it mean “not to miss a pedestrian at the crossing”?

According to the current traffic regulations for 2016, to let a pedestrian pass means to stop or slow down as soon as the person steps on the zebra crossing. A motorist should not take actions that could push a traffic participant who has the right of way (read: a person crossing the road) to change direction or speed.

The following question is common among motorists: Are cyclists and wheelchair users drivers? The answer can be found in Government Decree No. 221. If a cyclist rolls his vehicle nearby, it means he is a pedestrian (the same rule applies to motorcycles, sleds, mopeds). While riding a vehicle, the cyclist is the driver.

According to amendments from 2014, cyclists are required to dismount to cross the road. If a cyclist crosses the road on horseback, he will violate traffic rules No. 24.

It’s more difficult with disabled people, because you have to pay attention to the design of the stroller. If the stroller has a motor, its owner is considered the driver.

It is also important for the traffic police to explain how to allow pedestrians getting off trams in 2016. According to the rules, a person must first assess the situation on the road and only then step onto the crossing. Passengers of trams and minibuses are also obliged to remember in which cases the driver is obliged to let a pedestrian pass, and not to jump onto the roadway “out of nowhere.” Motorists do not slow down when they see that the tram is approaching a stop, because the law does not assign such an obligation to them.

What rules should citizens cross the road follow?

The opinion that only motorists are fined, while pedestrians themselves get away with it, is completely wrong. Traffic regulations assign a number of responsibilities to pedestrians.

• You can only cross in specially designated areas.
• Crossing the zebra crossing is only allowed in a straight line. Diagonal movement is prohibited (unless there are special markings).
• The pedestrian must make sure that he is being allowed through. It’s not worth throwing yourself under the wheels of a rapidly speeding car.
• You should cross the road without stopping. You can’t freeze in front of the car in bewilderment.
• If the sound of a siren is heard approaching, the citizen should try to leave the roadway as quickly as possible.

Fines for pedestrians are commensurate with fines for motorists. For example, if you violate traffic rules and create an obstacle for a vehicle, you will have to pay 1 thousand rubles. If a citizen provokes an accident, the health of the participants of which was caused to moderate or minor harm, the fine reaches a limit of 1.5 thousand rubles.

Please note: Even if the offender is a pedestrian himself, the driver faces serious trouble after hitting him. The motorist is obliged to try to let the person pass wherever he crosses the road. Failure to make such an attempt is equivalent to breaking the law - as a result, the driver may receive a fine or even end up behind bars (for up to 9 years). The law always protects the pedestrian.

Can a motorist challenge the penalty?

If the violation is recorded on camera and traffic police officers have “iron proof” of the unlawful action, you shouldn’t even think about how to prove your innocence if you didn’t let a pedestrian pass - nothing will work out, it’s better to pay right away.

If there is no evidence, you can fight. The driver is recommended to act as follows:

1. Ask the inspector to draw up a report. Under no circumstances should you transfer money to a traffic police inspector without a protocol.
2. Catch up with a pedestrian and invite him as a witness.
3. Check with him whether any obstacles have been created to prevent his movement. We remember when it is considered that the driver did not let the pedestrian pass - if the latter had to change the direction of movement (that is, retreat). Most likely, the witness will answer the question negatively - this way he will save his time.
4. Explain to the pedestrian that he also did not follow the crossing rules (for example, he jumped at a zebra crossing). This must be done if the invited citizen, on the contrary, only confirms that he was indeed inconvenienced. In case of both traffic violations, a fine is issued to both the motorist and the person crossing the road.

If the inspector insists that there is no point in bringing a witness, the motorist should draw up a petition and indicate in it that there is no evidence of a violation and it is impossible to clarify the circumstances of the case.

If you have a Roadgid DVR in your car, a citizen will be able to easily and quickly prove his innocence (unless, of course, he really committed a violation).

A complaint about unlawful actions of a traffic police officer can be filed within 10 days from the date of the “violation.” The complaint is drawn up in free form, so there is no need to involve lawyers to write it. The main thing is to provide evidence of innocence (for example, video from the Roadgid recorder). The complaint should indicate the full name of the traffic police officer who recorded the “violation,” as well as the fact that the officer refused to involve a witness. The complaint is submitted to the traffic police department.

Please note: the driver is not present during the consideration of the complaint, which means he cannot present arguments in his favor. That is why the “dubious” decisions of traffic police inspectors remain in force.

If a complaint is answered negatively, this is not a reason to give up. The driver can prove that he knows how to correctly let a pedestrian pass at a pedestrian crossing in court, but he should only come to court with complete confidence that he is right.

In accordance with Article 12.18 of the Code of Administrative Offenses of the Russian Federation, a fine is imposed for not allowing a pedestrian to pass (failure to comply with the requirement to give way). This could be the end of this article, if not for a number of “buts” that greatly confuse the enforcement of this norm.

A procedural conflict often arises between the participants in what is happening - pedestrians, drivers and representatives of the traffic police. Disputes surround the very term “give way”, the moment at which a pedestrian is considered to have entered the crossing, and many other aspects. We will talk about all this in this article.

How much is the fine for not allowing a pedestrian to cross a zebra crossing?

First, about the penalties for not allowing a pedestrian to pass. The already mentioned Article 12.18 of the Code of Administrative Offenses directly indicates penalties in the amount of 1500 - 2500 rubles. Moreover, the exact amount is determined by the traffic police inspector, who issues the order at the place where the offense was recorded.

Can the punishment be increased? The Code of Administrative Offenses of the Russian Federation implies several types of violations, for which, if repeated, sanctions may be increased, however not allowing pedestrians to pass at an unregulated crossing does not apply to them.

Please note that we are talking about an unregulated zebra crossing. Driving in violation of a pedestrian crossing equipped with a traffic light or having a traffic controller is a violation of Article 12.12 of the Code of Administrative Offences, and carries its own sanctions.

Can they lose their license for not giving way?

For several years now, there have been heated debates about the deprivation of driving license for failure to provide an advantage to a pedestrian. Some sources claim that such a law exists. That there is supposedly “Article 12.38 of the Code of Administrative Offenses”, which provides for deprivation for a triple violation.

It is no coincidence that we put the article in quotation marks - there is no such norm (and even such an article itself) in the Code at the time of publication. The rumors are related to the discussion of a bill providing for these sanctions, and such proposals are actually being considered by Parliament. However, the amendments have been adopted since 2016, and at the moment the draft barely passed the first reading in the State Duma of the Russian Federation, after which it stalled.

At this time, there is no provision for deprivation of rights for failure to comply with requirements to give way - whether it is a first, repeat or triple violation.

Is there a discount on the fine for a pedestrian?

Eat. This parameter is not controversial. In accordance with Article 32.2 of the Code of Administrative Offences, a fine if the driver does not give way to a pedestrian (Article 12.18 of the Code of Administrative Offenses), can be paid in the amount of 50% from that specified in the resolution.

At the same time, there is a clearly established rule: payment must be made within 20 days from the moment the offense was recorded. Then you will have to pay in full.

What does it mean to “give way” to a pedestrian in traffic rules?

The most difficult question in the topic under consideration is the formulation of the concept of “give way,” namely, at what point will it be considered that the pedestrian is already at the zebra crossing and the driver has not stopped.

Of course, the opinions of traffic participants and traffic police inspectors on this matter differ. Therefore, legislators try to give expanded interpretations of the term, unfortunately, not always successfully.

First of all, clause 14.1 of the Russian Traffic Regulations obliges the driver to give way to pedestrians crossing a zebra crossing or those who have entered the road. This already narrows the limits of possible interpretations, but still the concept of “entering the roadway,” especially on multi-lane two-way highways, does not provide an accurate understanding.

In general terms, the Traffic Rules formulate the concept of “give way”. According to her, this is:

A requirement for the driver (in general, for all traffic participants) not to start or continue driving if such actions could lead to a change in the direction or speed of movement of other participants (in our case, pedestrians) who currently have the right of way.

Agree, this is also not the clearest definition. But together with the rest of the data we can summarize:

• If a pedestrian begins to cross, the driver is obliged to give way to him.
• There should be no change in the pedestrian's "speed and direction" due to driver actions. If he himself changed his mind about going or went in the other direction, this will not be considered a violation.
• The fine for failure to comply with the rule is 1500 - 2500 rubles, with the possibility of...

This is how difficult the situation looks in theory. Unfortunately, the practice is even more ambiguous.

Explanations on how to correctly let a pedestrian pass at a pedestrian crossing

By and large, the main difficulty is being able to prove that the pedestrian did not change speed or direction. That the zebra was crossed at the planned pace. It is quite difficult to do this without video recording.

We are talking about rules and laws, but we will consider the practical side in the categories of the most common cases, which does not mean unambiguous interpretations in all 100%, but only in the majority of cases.

Automatic locking systems add additional confusion. In addition to the fact that the technology of their operation is not fully understood, there are also several different complexes that work according to different rules.

• "Auto hurricane." It is assured that this system is able to compare many factors, including the speed of the pedestrian and the vehicle, the calculation of their trajectories and the crossing point of the zebra crossing by each of them. As a result, the fact of a change in the speed and direction of the pedestrian due to the fault of the driver is established.
• “Olivia” and others. These are simpler systems, but, unfortunately, even less is known about their operation.

There is an opinion that in practice everything works much simpler. The systems estimate the distance from the car to the pedestrian in lanes. If this interval is sufficient (one or more free lanes), the violation is not recorded. A short distance will be grounds for a fine.

Let us emphasize once again that this is just one opinion and not official information. But this information (together with the rest) will help create recommendations on how to avoid getting a fine for failure to provide an advantage to a pedestrian:

1. In any case, reduce your speed before crossing.
2. If it is possible to let a pedestrian pass without the risk of a collision with the following vehicle, let him pass.
3. On a narrow road, the beginning of a pedestrian's crossing can be considered the fact of his entry into a zebra crossing.
4. On a multi-lane highway, assess the situation by the distance to the place where the directions of movement of the vehicle and the pedestrian potentially intersect. If the distance from each other is more than the width of one lane, the rule is not violated.

Obviously, it is problematic to prove that you are right, and to correctly calculate the distances according to point 4, so it is better to pay attention to points 1 and 2.

When else is a driver required to give way to pedestrians?

In addition to the already mentioned Article 14.1 of the Traffic Regulations of the Russian Federation, there are others directly or indirectly related to pedestrians.

Situation when it is necessary to let a pedestrian pass	Traffic rules article	Illustration
When turning in any direction	13.1
When entering or leaving adjacent territories	8.3
A blind man crosses the road, identifying himself with a white cane.	14.5
Pedestrians are directed towards public transport from the doors	14.6

All these cases can also be classified under Article 12.18 of the Code of Administrative Offenses - failure to allow pedestrians to pass - with a fine of 1500 - 2500 rubles.

Do I need to pass outside a pedestrian crossing?

Here we need to consider two cases - crossing in the wrong place and places not marked with zebra crossings or signs, but crossing in which is not prohibited. In the second case, failure to yield the road may be recorded. In the previous section, we just looked at traffic rules that require you to yield to a pedestrian, for which the presence of markings is not always required (outside the zebra crossing).

Jumping in the wrong place is in itself a traffic violation. Of course, the driver is not obliged to yield to such pedestrians. But - God forbid! – an accident occurs with such a pedestrian, the person driving the vehicle will bear responsibility.

How to challenge a penalty if you didn’t let a pedestrian pass?

You can also appeal this type of decision. Detailed instructions are given at the link, so here we will only briefly recall the sequence of actions:

1. You have 10 days to appeal from the moment the decision is issued.
2. If there are grounds, you can file a petition to extend this period.
3. The grounds for appeal are specified in Art. 24.5 of the Code of Administrative Offenses of the Russian Federation, and the process itself occurs by submitting an application to the traffic police, describing the grounds for the claims.

It is the grounds that are the specifics of challenging fines for failure to provide an advantage to a pedestrian. Due to the above-mentioned difficulties in determining the fact of an offense (taking into account distance, change in speed and direction), it is quite difficult to prove the driver’s innocence.

For a greater chance of success, you can appeal the procedure. Together with a lawyer who will work out in detail all the details of what happened, it will be possible to determine the prospects of the case, develop a strategy and challenge the imposed fine.

Hiring a lawyer is often a win-win situation for both parties. You can evaluate the prospects for cooperation completely free of charge. To do this, just describe what happened and ask a question using the form below. The lawyer will answer the question posed, and then it will be possible to conduct direct communication without the participation of our website.

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Ask a consultant a question

01/23/2020 at 19:14

Hello. Today a traffic police inspector caught up with me in the evening and began to show that I did not give way to a pedestrian who was on my left hand and allegedly started to cross the road. But since it was dark and heavy vehicles were moving toward the pedestrian, I didn’t notice and drove through the crossing. He wrote me a protocol under Article 12.18.

Dmitry Konstantinovich

01/28/2020 at 15:26

Igor, at first glance, the inspector acted unlawfully. If you were separated from the pedestrian by oncoming traffic, then your trajectories could not intersect with him, at least until he reaches the middle of the road. But to speak accurately, it is necessary to find out all the details and possible evidence. You should speak with a lawyer in person to determine possible defense strategies.

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